Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 27, 2024
CASE NO(S).: OLT-23-000424
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Laing Sears Holdings Inc.
Subject: Official Plan Amendment
Description: To permit development of two 7-storey residential buildings consisting of total 227 residential units
Property Address: 46, 46R, 48, 50, 52 and 52R Laing Street
Municipality/UT: Toronto
Municipal File No.: 22 242126 STE 14 OZ
OLT Case No.: OLT-23-000424
OLT Lead Case No.: OLT-23-000424
OLT Case Name: Laing Sears Holdings Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Laing Sears Holdings Inc.
Subject: Zoning By-law Amendment
Description: To permit development of two 7-storey residential buildings consisting of total 227 residential units
Property Address: 46, 46R, 48, 50, 52 and 52R Laing Street
Municipality/UT: Toronto
Municipal File No.: 22 242126 STE 14 OZ
OLT Case No.: OLT-23-000425
OLT Lead Case No.: OLT-23-000424
Heard: June 17, 2024 by video hearing
APPEARANCES:
Parties
Counsel
Laing Sears Holdings Inc.
Joe Hoffman
City of Toronto
Adam Ward (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS AND N. ALLAM ON June 17, 2024 AND interim ORDER OF THE TRIBUNAL
Link to Order
INTRODUCTION
1This appeal arises following a non-decision by the City of Toronto (“City”) with respect to applications for an Official Plan Amendment and Zoning By-law Amendment to facilitate development of two connected seven-storey purpose built rental buildings.
2Disposition of the matter has come before the Tribunal as a Settlement Hearing.
3Generally, the settlement revises the original proposal to modify the proposed setbacks and stepbacks to provide for more separation between the two building elements, more space for pedestrians at grade, additional stepping of the massing from Maple Leaf Forever Park, and the introduction of on-site affordable housing. The resulting plan involves a slight increase in height, a slight increase in the number of residential units, elimination of entranceways directly fronting on the public park, granting of an easement over the mid-block connection to provide public access to the park from Sears Street, and elimination of continuous balconies along the north and south facades.
4The Tribunal confirms that it has received, reviewed, and considered the following materials and submissions:
i. The uncontested opinion evidence of Mike Dror (“Expert Dror”), a Registered Professional Planner and full member of the Canadian Institute of Planners, contained in their comprehensive affidavit sworn June 14, 2024 (marked as Exhibit 2);
ii. Participant Statements filed with the Tribunal in the names of:
Carl Calandra; and
Tarek Turk;
iii. The Parties’ oral submissions in support of the settlement; and
iv. A draft Order jointly submitted to give effect to the relief sought.
Decision
5The Tribunal understands that the aforementioned sworn affidavit evidence of Expert Dror reflects revisions to the applications before the Tribunal that were reached through the cooperative efforts of the Parties.
6The Tribunal accepts the opinion evidence of Expert Dror as presented in their affidavit and similarly finds that the subject applications, as revised, represent good planning, have appropriate regard for the matters of provincial interest set out in section 2 of the Planning Act, are consistent with the Provincial Policy Statement, 2020, conform with the policies of the A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020), and as it relates to the Zoning By-law Amendment application, conforms with the City of Toronto Official Plan. Specifically in this regard, the applications encourage intensification, facilitate transit-supportive development, contribute to providing greater housing options in the area, and they do so in a compatible urban form.
interim order
7THE TRIBUNAL ORDERS THAT the appeals are allowed in part, on an interim basis, contingent upon confirmation, satisfaction or receipt of those pre-requisite matters identified in paragraph [8] below, and the Official Plan Amendment set out in Attachment 1, and Zoning By-law Amendment set out in Attachment 2 to this Interim Order, are hereby approved in principle.
8The Tribunal will withhold the issuance of its Final Order, contingent upon confirmation of the City Solicitor, of the following pre-requisite matters:
a. The Tribunal has received, and approved, the Official Plan Amendment and Zoning By-law Amendment submitted in a final form, confirmed to be satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;
b. The Tribunal has been advised that the owner has submitted a revised Functional Servicing Report and Stormwater Management Report, and Hydrogeological Review, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water; and
c. The Tribunal has been advised that the owner has provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the acceptable Functional Servicing Report and Stormwater Management Report, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Toronto Water, where it has been determined that improvements or upgrades are required to support the development.
9The Panel Members will remain seized for the purposes of reviewing and approving the final drafts of the Official Plan Amendment and Zoning By-Law Amendment, and the issuance of the Final Order.
10If the Parties do not submit the final drafts of the Official Plan Amendment and Zoning By-law Amendment, and provide confirmation that all other contingent pre-requisites to the issuance of the Final Order set out in paragraph [8] above have been satisfied, and do not request the issuance of the Final Order by Tuesday, December 17, 2024, the Applicant and the City shall provide a written status report to the Tribunal by that date, as to the timing of the expected confirmation and submission of the final form drafts of the Official Plan Amendment and Zoning By-law Amendment, and issuance of the Final Order by the Tribunal.
11The Tribunal may, as necessary, arrange the further attendance of the Parties to determine the additional timelines and deadline for the submission of the final form of the instruments, the satisfaction of the contingent prerequisites, and the issuance of the Final Order.
“K.R. Andrews”
K.R. ANDREWS
MEMBER
“N. Allam”
N. ALLAM
MEMBER
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.
ATTACHMENT 1
ATTACHMENT 2